MORTGAGE AUCTION AT BANK SYARIAH INDONESIA EX-LEGACY BANK BNI SYARIAH IN YOGYAKARTA

Abstract

This study analyzes the practice of mortgage auctions at Bank Syariah Indonesia, Ex-BNI Syariah Yogyakarta Branch for the period 2016-2019. The study used a normative-empirical approach with data collection carried out through observation, interviews, and documentation. The informants were selected by purposive sampling and consisted of bank employees who had duties related to mortgage auctions. The results showed that the auction of mortgage rights in its implementation was not in accordance with Law Number 21 of 2008 Article 55 which was confirmed by the Decision of the Constitutional Court Number 93/PUUX/2012. In the harmonization of the law on mortgage auctions, it is necessary to have support with an integral, effective, and relatively low-cost dispute resolution model. On the other hand, in realizing the legal harmonization of mortgage auctions, it is necessary to have a Fatwa from the MUI DSN which can be used as a reference for fulfilling sharia principles for Islamic banks.